Format of An Interpleader Suit
Format of An Interpleader Suit
Format of An Interpleader Suit
Important points (Assuming that the reader knows what is an interpleader suit)
1. Format of all Civil suits are pretty much the same. They are governed by Order
VI (Pleading) and Order VII (Plaint) CPC. Please see this for theory part.
2. Conditions required for an Inter pleader Suit:
1. There must be some debt, sum of money, or other property - movable or
immovable, in dispute.
2. Two or more persons must be claiming the same property advesrly to
each other.
3. Plaintiff must not be interested, partly or wholely, in the same property
(subject matter of the suit).
4. There must not be a suit pending wherein the rights of rival claimants
can be properly adjudicated.
3. As per Order 35 of CPC, in every interpleader suit, the plain must state the
following -
1. the plaintiff claims no interest in the subject matter in dispute other than
charges and costs
2. the claims have been made by the defendants severally
3. there is no collusion between the plaintiff and any of the defendants
4. As per O 35, R 5, an agent cannot sue his principal or a tenant his landlord for
the purpose of compelling them to interplead with persons other than persons
claiming through such principal or landlord. This is because an agent cannot
dispute the title of his principal and a tenant cannot dispute the ownership of his
landlord.
Vs.
1. M. N. s/o O. P.
456, M G Road, Indore, MP ......................................... Respondent
1
2. X. Y. s/o Y. Y.
555, M G Road, Indore, MP ......................................... Respondent
2
(Matters of Inducement)
(1) Plaintiff is a Govt. Servant employed with ... .
(2) Respondents 1 and 2 are both is the president of an informal residents association
of MG Road.
Advocate for
Plaintiff
Verification
I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing
material has been concealed therein. Affirmed at Indore this 4th Day of September
2009.
(Signature)
Plaintiff